Index to Periodicals Freedom of Speech. "Obscene Literature and Constitutional Law in America." By J Andrew Strahan. 36 Low Magazine and Review 459 (Aug.). l‘We may suggest that if the Constitution of the United States does not permit Congress to forbid the publication of indecent literature, the Sooner it is altered the better for the morals of
that country." Freedom of Trade and Occupation. “Prin
ciples of Liability for Interference with Trade, Profession or Calling." By Sarat Chandra Basak. 27 Law Quarterly Review 290 (July). At the outset the writer propounds the ques
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tended to invest,and did in fact invest, the judi ciary with power to annul legislation on the round of unconstitutionality.
"To say," in the
ace of numerous decisions of the Supreme Court, "that our courts do not exercise any legislative power, seems like adding insult to injury." "Constitutional Developments in Foreign Countries during 1910." By W. F. Dodd. Polit ical Science Review, v. 5, p. 418 (Aug.).
Dealing with developments in the suffrage sit uation in Norwa and Italy, the enlarged auton omy of Alsace- rraine, the rogress of pop ular political institutions in ussia, Portugal, Greece and China, the setbacks to pro rtional representatives in France and Switzer and and the regulation of
industrial combinations in
tion, “is interference with trade or occupation a
newthe ground of liability,heads or does form a E'iiihe rt of well-recognized of itTorts?" answer to this question is postponed to the end of the article, when the nature of the liability shall have been thoroughly studied. In this first instalment there is only a study of the grounds on which leading cases have been decided, in
cluding Lumley v. Gye, Allen v. Flood, Mogul Steamship Co. v. Me Gregor, and others.
See Monopolies. General Jurisprudence. "The Develop ment of a Scientific View of Law." By Edward Lindsey. 45 American Law Review, 513 (July Aug.).
"The interest awakened in the ancient nations of the East by the archaeological discoveries in Babylonia, Egypt and Palestine has ensured some attention being paid to their laws. Here again the Germans are in the lead as witness the names of Kohler, Peiser, Winckler, Meissner,
Schrader, Strasmaier and others; though of perhaps equal value is the work of Revillout, Oppert, Scheil, Stevenson, Pinches, King, Thu
reau-Dangin, Radau and Harper among many scholars at work in this field. "The extension of the field of these historical studies prepared the way for a study of the laws of all the pee les of the earth asa necessary foun dation for tiie discovery of the histo and growth of legal institutions in general. This step seems to have been taken, however, only in Ger
many. Judge Albert H. Post of Bremen pro posed such a study and for it the title of Ethno logical Jurisprudence. . . . “Complementary to the historical method . . . we have the anthropological, only awaiting a fur ther application to legal studies. The fruitful ness of the historical method foreshadows what we may expect from the anthropological. To ether they furnish the basis for a science of aw. ’ See Legal Education. Gifts. See Assignments. Government. “Government by Judiciary." By L. B. Boudin. Political Science Quarterly,
v. 26, p. 238 (June). Written to disprove, step by step, Justice Lur ton's argument in the North American Review (23 Green Bag 77) that the Constitution was in
Austraia. Australia. "The Legal Interpretation of the Constitution of the Commonwealth." By A. Berriedale Keith. 12 Journal of Comparative Legislation, pt. 1, p. 95 (July). A penetrating study of the Australian con stitutlon in the light of judicial decisions inter preting it. India. “The Government of India." By T. H. Boggs. Political Science Quarterly, v. 26, p. 290 (June). A descriptive account of the government of India, with some reference to its history. The writer thinks that "the extension of Indian po litical reforms ought to be cautious and deliberate for in India there is no notion of representative or elective government except among a relatively small number of educated men." See Direct Government, Federal and State Powers, Local Government, Regulation of Rates. Hindu Law. “Indian Law and English Leg islation." Justice C. Sankaran Nair. Contem porary Review, v. 100, p. 213 (Aug.). "Our Indian judges have not the traditionary instincts of the English lawyer, who regards law as a living and growing organism; and in their hands, therefore,‘the law has a tendencytobecome
not progressive, but re-actionary It is a matter of common observation that almost all the rules of Hindu law in favor of progress were laid down by English judges against the protest of Indian judges of great eminence. That English judges have not yet succeeded in stopping the conse cration of young girls to prostitution in temples, and that they hesitate to enforce the provisions of the Penal Code and root out the institution of dancing girls by treating their usages as immoral, is perhaps one of the latest concessions to Indian judicial opinion." Judiciary Reform. See p. 535 supra. Labor Questions. “Organized Labor's At titude Toward Industrial Efficiency." By Prof. John R. Commons.
American Economic Review,
v. 1, p. 463 (Sept.). "The trade-unionist has merely secured power to do what the others would like_to have done. I know of one huge ‘trust’ which suc
